Federal Administrative Court, Decision C-6592/2018 of 16 September 2020
23. November 2020 – In a recent decision, the Federal Administrative Court supported the statements of the lower instance, according to which the reference groups are to be formed within the product range. In particular, because the term "product range" is an undefined legal term and the application requires a high level of specialised medical knowledge, which the lower instance, as a specialised institution, possesses.
Furthermore, the Federal Administrative Court held that the lower instance is not obliged to form a reference group from all the medicinal products in question and that it is not objectionable in the present case that the lower instance did not take into account two preparations proposed by the appellant. The Federal Administrative Court concludes that the lower instance exercised its discretion dutifully and that the therapeutic cross comparison was conducted in conformity with the law.
The decision is being appealed.
For the full decision, see here.